My H1B visa got revoked and my spouse has got 212 (a)(6)(c)(i)

[Ahmed786 0]

Dear Sir,

I would like to inform you that since 2 years I was working in the US and I was on H1B visa, However I recently got engaged  on 20th Dec 2017 and I was about to get married on 6th Feb. I thought that I can take my spouse in  Jan and I told my spouse to show it as a Married and apply for the Dependent visa from India. She went for an Interview on 23rd Jan and US Consulate officer was having doubt whether she is married or not , started interrogating her and asked her to show some photos of wedding ceremony but she failed to show all of them, then the Consulate officer has taken her mobile and started making calls randomly to her relatives and asked about whether she is married or not. Some said married and some said unmarried as they were about to get married on 6th Feb. 

Officer threw all the documents and photos and told her to give in written that she got married on 6th Feb and engaged on 20th Dec. She has written that and finally they gave a letter stating below.

Spouse:

Gave the remark as 212(a)(6)(c) (i) prohibits willful misrepresentation and material facts

Warning: If the action is not been taken within 1 year period according to the INA 221(G) and 223 (G),the application will be cancelled.

Received an email stating that she can re-apply anytime.

Me:

When I came on short vacation to India recently, I was stopped at the airport in Mumbai and I was told that they received an Email from US and I am denied to enter USA and got an email from the Embassy stating that my H1B visa has been revoked and If I want to apply for the visa again then I need to re-apply.

Please do let me know if I can re-apply , If yes then do I have to apply for the H1B again from the scratch and go for the same or any other alternative.

Regards

Ahmed

[pontevecchio 12]

You need to get legal guidance from the firm of Murthy or any of your choice. It was silly to let a minor matter of waiting to arrange the Interview after the Marriage get in the way of the truth. Many have got appointments before they were married and they have made sure the dates were after the Marriage.

[Ahmed786 0]

Thank you.

[Noah Lott 0]

your 'wife' was not your wife when she applied, for a visa that requires she be married to someone in valid H1 status...which she wasn't...once you are actually married, she can apply for a 212 d 3 waiver, but the CO will likely not recommend that it be approved

[pontevecchio 12]

To clarify she needs to reapply now that you are married and they may ask her to explain the fiasco. This should not result in a denial of the H4 visa though there may be delays. Remember to go together for the H1 and H4 visas.

[s2s1 0]

On 2/16/2018 at 5:37 AM, Ahmed786 said:

Dear Sir,

I would like to inform you that since 2 years I was working in the US and I was on H1B visa, However I recently got engaged  on 20th Dec 2017 and I was about to get married on 6th Feb. I thought that I can take my spouse in  Jan and I told my spouse to show it as a Married and apply for the Dependent visa from India. She went for an Interview on 23rd Jan and US Consulate officer was having doubt whether she is married or not , started interrogating her and asked her to show some photos of wedding ceremony but she failed to show all of them, then the Consulate officer has taken her mobile and started making calls randomly to her relatives and asked about whether she is married or not. Some said married and some said unmarried as they were about to get married on 6th Feb. 

Officer threw all the documents and photos and told her to give in written that she got married on 6th Feb and engaged on 20th Dec. She has written that and finally they gave a letter stating below.

Spouse:

Gave the remark as 212(a)(6)(c) (i) prohibits willful misrepresentation and material facts

Warning: If the action is not been taken within 1 year period according to the INA 221(G) and 223 (G),the application will be cancelled.

Received an email stating that she can re-apply anytime.

Me:

When I came on short vacation to India recently, I was stopped at the airport in Mumbai and I was told that they received an Email from US and I am denied to enter USA and got an email from the Embassy stating that my H1B visa has been revoked and If I want to apply for the visa again then I need to re-apply.

Please do let me know if I can re-apply , If yes then do I have to apply for the H1B again from the scratch and go for the same or any other alternative.

Regards

Ahmed

Hi Ahmed,

   i am in same situation. Only difference is we did Arya Samaj Marriage.

  Can you please tell me whats your status now and if its fixed then how it was fixed.

 

[pontevecchio 12]

Get a lawyer involved.

[NITINARORA 0]

Hi Ahmed,

I am in a similar situation right now. Were you and your spouse able to get the visa later? Will appreciate your response and any guidance that you can provide.

Thanks

[Provence 0]

12 hours ago, NITINARORA said:

Hi Ahmed,

I am in a similar situation right now. Were you and your spouse able to get the visa later? Will appreciate your response and any guidance that you can provide.

Thanks

Similar situation, meaning your spouse interviewed for an H4 while not married?  Why? 

I'd be surprised if OP received a waiver and a visa this quick after a misrep denial.. but he could chime in if otherwise. 

[NITINARORA 0]

We did a marriage but without any rituals because I had to leave on an urgent basis. But my wife told them that we had rituals as well to which they denied and after an interrogation of 15 minutes they made her accept that no rituals were performed.

After 2 weeks I received an email that my H1b is revoked. There was no reason stated.

So do you think we cannot get the visa again easily or we cannot get it at all now?

[pontevecchio 12]

I would clarify AGAIN that you can book the Interview before the Marriage and you HAVE to be married at the time of the Interview.

[NITINARORA 0]

5 hours ago, Provence said:

Similar situation, meaning your spouse interviewed for an H4 while not married?  Why? 

I'd be surprised if OP received a waiver and a visa this quick after a misrep denial.. but he could chime in if otherwise. 

We did a marriage but without any rituals because I had to leave on an urgent basis. But my wife told them that we had rituals as well to which they denied and after an interrogation of 15 minutes they made her accept that no rituals were performed.

After 2 weeks I received an email that my H1b is revoked. There was no reason stated.

So do you think we cannot get the visa again easily or we cannot get it at all now?